Lazarus v Kane [2019] NSWCA 194

There was no reviewable decision as the administrative steps taken to issue amended warrants did not affect legal rights, and grounds advanced were misconceived or without substance. Orders of the Court determine rights; mechanical acts to implement them are not themselves reviewable. Proceedings were rightly dismissed as frivolous or vexatious.

Jurisdiction: Australia
Judgment Date: 07 August 2019
Procedural Posture: Judicial Review / Court of Appeal Decision
Outcome: Amended summons dismissed; costs ordered against applicant.
Legal Topics: ['judicial Review' 'warrants of Commitment' 'stay of Execution' 'certiorari' 'frivolous or Vexatious Proceedings' 'administrative Function' 'procedural Fairness']

['criminal Procedure' 'civil Procedure' 'practice and Procedure'] ['judicial Review' 'warrants of Commitment' 'stay of Execution' 'certiorari' 'frivolous or Vexatious Proceedings' 'administrative Function' 'procedural Fairness']

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Procedural Posture

Judicial Review / Court of Appeal Decision

Legal Issues

1 ['Whether the direction to issue amended warrants of commitment is a reviewable decision' 'Whether the amendment of warrants affects legal rights' 'Whether stay provisions under s 69C of the Supreme Court Act 1970 (NSW) are engaged' 'Whether grounds challenge the validity of expired sentences or procedural fairness']

Ratio Decidendi

Court Disposition

Amended summons dismissed; costs ordered against applicant.

Orders

['Dismiss the amended summons filed on 17 June 2019.' 'Order that the applicant pay the costs of the Director of Public Prosecutions.']